10 Things Every Business Should Know About The NYC Dept. of Consumer Affairs (DCA)
1. Laws
The New York City Department of Consumer Affairs enforces the City's licensing, consumer
protection, and weights and measures laws, as well as related State laws. DCA offers free
business guides and other information about these laws, designed to give local businesses
easy access to the rules they need to know.
2. Licensing
By law, DCA licenses 55 types of small businesses including home improvement contractors,
electronic stores, and more. You may contact DCA to see if your business requires a
license. If so, the license must be posted in a place that is visible to customers. You
can download an application form from www.nyc.gov/consumers.
3. Enforcement
DCA inspects thousands of local businesses every year to ensure compliance wit the City
laws and regulations. DCA also responds to consumer complaints and deceptive as.
4. Refund Rules
Is your refund policy posted by the cash register, where customers can read it without
difficulty? Does it explains all the details that limits a return, such as time limits,
required photo ID, or other special conditions? If not, the law says you must give a full
refunds on demand, and risk a violation.
5. Receipts
Be sure your business name, address, license number (where applicable) and the customer's
itemized purchases appear on all receipts. A receipt must be provided for any sale of $20
or more, and upon request for any sale between $5 and up to $20.
6. Posting Prices
If your annual business volume is $2 million or more, you must put price tags on most
items. Pricing items differently based on gender, such as haircuts or dry cleaning of
clothing items, is illegal.
7. Weights and Measures
DCA inspects store scales to make sure they are balanced. Scales must be positioned o
consumers can view weight information and the price per pound. The weight of the package,
or "tare" must be subtracted from the cost of the weighed item.
8. Selling Tobacco Products
All stores selling tobacco must be licensed by the DCA. Merchants caught selling tobacco
to kids under 18, on more than two occasions within a two-year period, risk high fines and
losing their City license, State registration and lottery license.
9. Violations and Penalties
If DCA finds that you have violated the law, you could be fined. In some cases of repeat
or egregious violations, your license may be pulled or your premises may be padlocked. In
many cases, if you are issued a violation, you have the right to a hearing before an
administrative law judge. Your violation notice will include the date of the hearing, and
instruction on how to proceed if you choose to settle before the hearing.
10. Resolving Complaints
DCA always contacts businesses when a consumer files a complaint against them. Often
complaints are settled right away through mediation. If mediation is unsuccessful or a
business is unresponsive, changes may be brought to obtain consumer restitution or fines.